ina section 245(i) , F-1 (6Months Overstayed), Should I file i-485 supplement A

[OKcool]

Hello,

I came to U.S with F-1 Visa in 2013, completed my undergraduate and 1 years OPT + 2 years STEM OPT. I have been married to a US Citizen for a year and half now and about to adjust my status but unfortunately I'm currently 6 months overstayed, question is I don't know if I would need to file i-485 supplement A with my application?

[Enub4]

From what I understand, people married to US citizens do qualify for AOS even if they overstayed. I guess you don't need supplement A.

[newacct]

No. You do not need, and do not qualify for, INA 245(i). You do not need it because you are eligible for Adjustment of Status directly -- people in the Immediate Relative category (spouse, parent, or unmarried under-21 child of US citizen) do not need to be in status to do Adjustment of Status. You do not qualify for it anyway because INA 245(i) is only for people who were a beneficiary of a petition filed before 2001.

[OKcool]

Thank you newacct

[OKcool]

Thank you Enub4

[OKcool]

This question is on Part 2.2 form I-485
Are you applying for adjustment based on the ina section 245(i) YES or NO?